Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
HF 670 – Veterinary Auxiliary Personnel (LSB1917HZ.2)
Staff Contact: Austin Brinks (515.725.2200) austin.brinks@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 670 adds and changes various definitions related to veterinary medicine in the Iowa
Code. The Bill also does the following:
• Authorizes certain individuals to provide authorized veterinary medical services under the
   direct supervision of a licensed veterinarian.
• Changes the definition of “practice of veterinary medicine” to include veterinary acupuncture,
   acutherapy, acupressure, manipulative therapy based on techniques of osteopathy and
   chiropractic medicine, or other similar therapies as specified by the Board of Veterinary
   Medicine.
• Defines “veterinary auxiliary personnel” as a veterinary assistant, registered veterinary
   technician, veterinary student, veterinary technician student, or graduate of a foreign college
   of veterinary medicine who does not have a veterinary license or temporary permit.
• Provides the level of supervision required to delegate tasks to veterinary auxiliary personnel.
• Establishes the duties of a supervising veterinarian, registered veterinary technician,
   registered veterinary technician student, and graduate of a foreign veterinary college.
• Requires the Board of Veterinary Medicine to issue certificates of registration to qualified
   veterinary technicians and provides the procedures for certification, as well as the renewal
   of certification. A certificate of registration issued prior to July 1, 2024, does not expire.
• Creates a simple misdemeanor if a person falsely indicates that the person is a registered
   veterinary technician.
• Adds practicing veterinary medicine without a valid license or temporary permit to Iowa
   Code section 714.8 on fraudulent practice.
• Directs the Board of Veterinary Medicine to submit rules to implement this Bill prior to
   January 1, 2024.
This Bill is effective July 1, 2024; however, the section of the Bill that requires the Board of
Veterinary Medicine to adopt administrative rules takes effect upon enactment.
Background
Iowa Code chapter 169 regulates veterinary practice, including the licensing requirements and
exceptions. Currently, the practice of veterinary medicine means to, for a fee, diagnose, treat,
correct, change, relieve, or prevent any animal disease, deformity, defect, injury, or other
physical or mental conditions or cosmetic surgery. This includes the prescription or
administration of any drug, medicine, biologic, apparatus, anesthetic or diagnostic substance, or
technique to evaluate or correct sterility or infertility. The practice also includes representing
oneself as willing to perform acts listed as veterinary practice and to use any title, words,
abbreviation, or letters in a manner that would give the belief that a person is qualified to
practice veterinary medicine.
A person may not practice veterinary medicine in the State unless the person is a licensed
veterinarian or has a valid temporary permit issued by the Board of Veterinary Medicine. The
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Board issues certificates to veterinary medicine students who have been certified by an
instructor to practice veterinary medicine. In addition, a veterinary assistant employed by a
licensed veterinarian may be certified to practice veterinary medicine, except for diagnosing,
prescribing, or performing surgery, if the veterinary assistant has met educational, experience,
and testing requirements established by the Board.
The penalty for fraudulent practice ranges from a simple misdemeanor to a Class C felony
depending on the amount of money or value of property or services involved. A Class C felony
is punishable by confinement for up to 10 years and a fine of at least $1,370 but not more than
$13,660. A Class D felony is punishable by confinement for up to five years and a fine of at
least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by
confinement for up to two years and a fine of at least $855 but not more than $8,540. A serious
misdemeanor is punishable by confinement for up to one year and a fine of at least $430 but not
more than $2,560. A simple misdemeanor is punishable by confinement for up to 30 days and a
fine of at least $105 but not more than $855.
Assumptions
•   The following will not change over the projection period: charge, conviction, and sentencing
    patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and
    other criminal justice system policies and practices.
•   A lag effect of six months is assumed from the effective date of this Bill to the date of first
    entry of affected offenders into the correctional system.
•   Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of
    this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 670 creates a new simple misdemeanor if a person falsely indicates they are a
registered veterinary technician. The Bill also expands the violation of fraudulent practice and
adds practicing veterinary medicine without a valid license to the definition of fraudulent
practices. The correctional impact cannot be estimated for the Bill due to a lack of existing
conviction data. There have been no convictions under Iowa Code chapter 169 in FY 2022.
Table 1 below shows estimates for sentencing to State prison, parole, probation, or
Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and
supervision marginal costs per day for all convictions of Class C felonies, Class D felonies,
aggravated misdemeanors, and serious misdemeanors. A conviction for a simple misdemeanor
does not result in a prison sentence, but does carry the possibility of confinement for up to 30
days. Marginal county jail costs are estimated to be $50 per day. Refer to the Legislative
Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for
Correctional Impact Statements, dated January 20, 2023, for information related to the
correctional system.
                     Table 1 — Sentencing Estimates and Length of Stay (LOS)
                       FY 22 Avg    FY 22                                 Percent             Percent           FY 22    FY 22
              Percent   LOS In     Marginal Percent FY 22 Avg FY 22 Avg Sentenced FY 22 Ordered                Avg LOS Marginal
              Ordered Prison In Cost Per Ordered      LOS on    Cost Per   to CBC    Marginal    to   Marginal    on    Cost Per
 Conviction   to State Months (All   Day       to    Probation    Day    Residential Cost Per County Cost Per Parole In   Day
Offense Class Prison Releases)      Prison Probation In Months Probation  Facility Day CBC      Jail  Day Jail Months Parole
   C Felony
               84.2%      20.9      $23.42   67.4%      38.7     $7.27      12.0%     $20.67   31.5%   $50.00    22.8    $7.27
(Non-Persons)
   D Felony
               83.9%      13.9      $23.42   68.0%      33.5     $7.27      13.3%     $20.67   31.4%   $50.00    15.5    $7.27
(Non-Persons)
  Aggravated
 Misdemeanor   31.4%       7.5      $23.42   45.6%      20.7     $7.27      3.3%      $20.67   72.2%   $50.00    8.2     $7.27
(Non-Persons)
   Serious
 Misdemeanor    1.9%       5.5      $23.42   51.2%      13.7     $7.27      0.9%      $20.67   73.3%   $50.00    0.5     $7.27
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Minority Impact
House File 670 establishes a new simple misdemeanor and also adds practicing veterinary
medicine without a license or permit to the fraudulent practice violations. As a result, the
Division of Criminal and Juvenile Justice Planning (CJJP) of the Department of Human Rights
cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo
addressed to the General Assembly, Minority Impact Statement, dated January 20, 2023, for
information related to minorities in the criminal justice system.
Fiscal Impact
House File 670 establishes a new simple misdemeanor and adds practicing veterinary medicine
without a license or permit to the fraudulent practice violations. The fiscal impact cannot be
estimated due to a lack of existing conviction data. Table 2 below shows the average State
cost per offense for a Class C felony, Class D felony, aggravated misdemeanor, serious
misdemeanor, and simple misdemeanor. The estimated impact to the State General Fund
includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the
Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for
prison and parole supervision.
                              Table 2 — Average State Cost Per Offense
                                  Class C Felony                $12,100 to $25,100
                                  Class D Felony                 $9,500 to $17,400
                            Aggravated Misdemeanor                $5,000 to $9,600
                              Serious Misdemeanor                  $400 to $5,600
                               Simple Misdemeanor                     $35 to $375
Sources
Division of Criminal and Juvenile Justice Planning, Department of Human Rights
Legislative Services Agency
                                                                              /s/ Jennifer Acton
                                                                                  May 9, 2023
Doc ID 1373759
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
                                                 www.legis.iowa.gov
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Statutes affected: 
Introduced: 169.3, 169.4, 169.5, 272C.4, 169.20
Reprinted: 169.3, 169.4, 169.5, 272C.4, 169.20
Enrolled: 169.3, 169.4, 169.5, 272C.4, 169.20